Bar
Counsel

Tri-State
Reciprocity

It
is possible it will become a reality before the end of 2001

By
George A. Riemer

I
have previously written about the feasibility of establishing a simplified bar
admission process for the Northwest states.1 The Oregon
State Bar, in cooperation with the Idaho State Bar and Washington State Bar
Association, is moving forward with a proposal to permit reciprocity admission
between Idaho, Oregon and Washington without the necessity of lawyers taking
and passing two additional bar examinations. This article is an update on developments
concerning this tri-state reciprocity rule.

JOINT
ADMISSION STUDY GROUP
The
Oregon State Bar, Idaho State Bar, and Washington State Bar Association convened
a study group to look at the admission procedures of all three states for purposes
of possible coordination of admission procedures in 1999. The study group issued
a report to the boards of the three state bars in October 2000 in which it recommended
that the three states permit reciprocity without examination, subject to certain
conditions and restrictions.

RECENT
DEVELOPMENTS
The
study group's report has been considered by each state bar and the following
is the status of developments in each jurisdiction:

1.
Idaho. The board of commissioners submitted the study group's proposal
(tailored to Idaho's admission rules) to a vote of the Idaho bar membership
under its referendum rules. The vote was announced in December 2000 and 66 percent
of those voting approved of the proposal. The Idaho State Bar has since that
time sent the proposed reciprocity rule to the Idaho Supreme Court which has
the proposal under advisement at this time.

2.
Oregon. The board of governors and the Oregon Board of Bar Examiners
(BBX) have been considering the proposal (tailored to Oregon's admission rules)
since receiving the study group's report. The board of governors approved the
proposal Jan. 27, 2001, and it is presently before the Oregon Board of Bar Examiners.
A packet of admission rule changes to implement the proposal will be presented
to the BBX for adoption soon. Assuming their approval by the BBX, the rules
will likely be submitted to the Oregon Supreme Court for adoption by the end
of April 2001. If the Idaho and Oregon Supreme Courts adopt their respective
rules to authorize tri-state reciprocity, it is hoped the rules will go into
effect on the same date.

The
Oregon State Bar conducted a telephone survey (which was statistically valid
with a margin of error of plus or minus 5 percent) of OSB members in November
2000. The survey asked members whether they supported admission reciprocity
between Idaho, Oregon and Washington. Seventy-eight percent of the respondents
indicated they supported tri-state admission reciprocity. Only 11 percent opposed
the concept (the other 11 percent indicated they would need more information
before deciding either way).

3.
Washington. The Washington Supreme Court adopted a 'reciprocity' rule
for Washington in September 1999. If Idaho and Oregon adopt tri-state reciprocity
rules, Washington will mirror the Idaho and Oregon rules for members of the
Idaho and Oregon State Bars. In other words, Washington will admit Idaho and
Oregon lawyers to the practice of law in Washington on the same terms and conditions
Idaho and Oregon will use in admitting Washington lawyers.

TRI-STATE
RECIPROCITY IN A NUTSHELL
The essential elements of the tri-state reciprocity proposal are as follows:

1.
Graduation from an ABA-approved law school with an earned Juris Doctor degree.

5.
Fifteen hours of continuing legal education in the practice, procedure and ethics
of the new state or states a lawyer desires to be admitted to practice in within
six months of admission to practice in each such state.

6.
For admission to practice in Oregon, either malpractice coverage through the
PLF or a showing of comparable malpractice coverage covering the lawyer's practice
in Oregon (this will depend on whether the lawyer's principal office for the
practice of law is in Oregon, Idaho or Washington).

While
other changes will need to be made to Oregon's admission rules to implement
tri-state reciprocity, the full text of the principal rule on the subject is
as follows (this is the rule the board of governors of the Oregon State Bar
approved on Jan. 27, 2001):

Rules
for Admission of Attorneys in Oregon
Proposed Rule 16
Admission of Lawyers Licensed to Practice Law in Idaho and Washington
(1) Lawyers who have taken and passed the Idaho and/or Washington bar examinations,
who are active members of either or both of those state bars as a result of
the passage of those examinations, and who have actively, substantially and
continuously practiced law in one or both of these states for no less than
three years immediately preceding their application for admission under this
rule may be admitted to the practice of law in Oregon without having to take
and pass the Oregon bar examination, subject to the requirements of this rule.
(2) All Idaho and Washington lawyers seeking admission to practice law in
Oregon under this rule must:
(a) present satisfactory proof of their:
(1) graduation from an ABA approved law school with a Juris Doctor degree;
(2) passage of the Idaho and/or Washington bar examinations;
(3) admission to the practice of law in Idaho and/or Washington;
(4) active membership in the Idaho State Bar and/or Washington State Bar Association;
and
(5) active, substantial and continuous practice of law in one or both of these
states for no less than three years immediately preceding their application
for admission under this rule;
(b) possess the good moral character and fitness required of all other applicants
for admission to practice law in Oregon;
(c) complete such applications and submit such other information as may be
required by the Oregon Board of Bar Examiners and Oregon Supreme Court; and
(d) pay such application fees and costs as may be established by the Oregon
Board of Bar Examiners and the Oregon Supreme Court for applicants under this
rule.
(3) The character and fitness of applicants under this rule shall be reviewed
under the procedures set forth in Admission Rule 6.05, 6.15, and 9.05 to 9.60.
(4) Each qualified applicant must execute a prescribed oath of office to be
filed with the State Court Administrator. Each applicant's date of admission
shall be the date the oath is received by the State Court administrator. Applicants
must comply with the requirements of Admission Rule 8.15 (Resident Agent for
Service of Process) and 8.20 (Address and Telephone Number Designation).
(5) All applicants admitted to practice law pursuant to this rule shall complete
and certify no later than six months following the applicant's admission to
practice law under this rule that he or she has attended at least fifteen
hours of continuing legal education on Oregon practice and procedure and ethics
requirements. The Board of Bar Examiners may by regulation specify the number
of hours of the required fifteen hours that must be in particular areas of
practice, procedure, and ethics.
(6) All applicants admitted to practice law pursuant to this rule shall obtain
and maintain malpractice coverage from the Oregon State Bar Professional Liability
Fund as required by the rules and regulations of the fund. If an applicant
is not required to maintain malpractice coverage through the Oregon State
Bar Professional Liability Fund, the applicant shall obtain and maintain other
malpractice coverage covering the applicant's law practice in Oregon which
coverage shall be substantially equivalent to the Oregon State Bar Professional
Liability Fund coverage plan.
(7) All applicants admitted to practice law pursuant to this rule shall be
subject to and shall comply with the Oregon Code of Professional Responsibility,
the Oregon State Bar Rules of Procedures, and all other rules and regulations
applicable to members of the Oregon State Bar.
(8) If, in the judgment of the Oregon Supreme Court, it is in the best interest
of the State of Oregon to discontinue reciprocity with other states, such
decision may be implemented immediately by order of the court. Additional
states may be added to this rule by order of the court upon petition of the
Board of Governors of the Oregon State Bar and the Board of Bar Examiners
without the necessity of amendment of this rule.

CONCLUSION
Now is an opportune time to voice your opinion about the foregoing tri-state
reciprocity rule. From all reports, anecdotal and otherwise, strong support
appears to exist among the membership for the rule. If interested, drop Ed Harnden,
OSB president, or me a line with your thoughts, whatever they may be. It is
possible that tri-state reciprocity will become a reality before the end of
2001. In my opinion, that would be a good thing for Idaho, Oregon and Washington
lawyers and all the clients they serve. +